Description
Gain an understanding of estate and trust administration disputes and methods to resolve them.
Trusts and estate practitioners, including fiduciary litigators, commonly face a variety of potential claims relating to wills. This topic will assist you in identifying the variety of typical claims from preprobate to accounting claims, the nature of those claims, and practical tips for addressing such claims. This information will also provide a broad overview of dispute resolution methods, including party negotiations, mediation, arbitration, and litigation. This information is thus critical to litigations in the trusts and estate field.
Date: 2023-10-30 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to identify the pros and cons of utilizing different methods for resolving estaterelated disputes.
* You will be able to recognize the differences between methods for resolving estaterelated disputes.
* You will be able to review the nature of postprobate litigation claims by and against fiduciaries.
* You will be able to discuss the nature of will contests and the typical grounds for challenging wills.
Review of Estate-Related Claims
Pre-Probate Litigation – Will Contests
• Lack of Due Execution
• Forgery
• Lack of Testamentary Capacity
• Undue Influence
• Duress
• Fraud
Post-Probate Litigation
• Determination of Claims Against an Estate
• Claims Against Fiduciaries
• Breach of Fiduciary Duty Claims
• Demand That Fiduciary Provide Estate-Related Information
• Demand That Fiduciary Pay Allowed Claims or Make Distributions to Beneficiaries
• Demand That Fiduciary Pay, in Advance, a Beneficiarys Interest in an Estate
• Demand That Fiduciary Turn Over Specific Property
• Demand That Fiduciary Discontinue or Wind up a Business
• Claims by Fiduciaries
• Obtain Information About Potential Estate Assets
• Recover Property Owned to the Estate
• Advice and Direction Relating to Sale of Estate Assets
• Advice and Direction Relating to Other Extraordinary Circumstances
• For Permission to Continue Operating a Business
• Accounting Proceedings
• Claims for Attorney Compensation
Methods for Resolving Estate Disputes
• Party Negotiations
• Mediation
• Arbitration
• Litigation
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Steven H. Holinstat-Proskauer Rose LLP
